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Case-ECS 04/14: Bosnia and Herzegovina / renewable energy

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summary of the case

registered:

ex officio 2014

The Secretariat, acting under Article 90 of the Treaty, notes that five Contracting Parties, including Bosnia and Herzegovina, have not adopted and submitted to the Secretariat a National Renewable Energy Action Plan. The deadline for adoption and notification to the Secretariat expired on 30 June 2013.

By adopting a National Renewable Energy Action Plan (NREAP) Bosnia and Herzegovina complied with Ministerial Council Decision 2015/04/MC-EnC.

Case ECS 04/14 information requests

procedural history

On 11 February 2014, the Energy Community Secretariat sent Opening Letters toBosnia and Herzegovina, as well as to ​ Albania, former Yugoslav Republic of Macedonia, Montenegro and Ukraine for failure to comply with Energy Community law related to renewable energy. The Secretariat, acting under Article 90 of the Treaty, notes that these five Contracting Parties have not adopted and submitted to the Secretariat a National Renewable Energy Action Plan.

Procedure

With the present Opening Letters, the Secretariat initiates preliminary procedures in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. The purpose of this initial step in the procedure is to give the Contracting Parties the possibility to react as well as to enable the Secretariat to establish the full factual and legal background of the case. The respective Contracting Parties have been given the possibility until 10 April 2014 to comply of their own accord with the requirements of the Treaty, or to justify their position.

According to Articles 6 and 16 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat within one month from 11 February 2014.

The Energy Community Secretariat submitted Reasoned Opinions in cases ECS-3/14, ECS-4/14 and ECS-5/14 against Albania, Bosnia and Herzegovina and FYR of Macedonia, for failures to adopt and submit National Renewable Energy Action Plans 24 February 2015. Having taken into account the Governments’ replies to the Opening Letter, the Secretariat maintains its findings made therein.

Procedure

The Contracting Parties are now requested to rectify the identified issues of non-compliance within a time limit of two months.

A Reasoned Opinion is the second step in a dispute settlement procedure initiated by the Secretariat under Article 90 of the Energy Community Treaty. In the light of the reply by the Governments, the Secretariat may submit the case to the Ministerial Council for a decision on the Contracting Parties compliance with Energy Community law.

On 12 May the Energy Community Secretariat submitted three Reasoned Requests to the attention of the Ministerial Council as the next step in the dispute settlement cases against Albania, Bosnia and Herzegovina and the FYR of Macedonia. In the Reasoned Requests, the Secretariat seeks a decision from the Ministerial Council establishing that the three Contracting Parties failed to fulfil their obligations to adopt and notify to the Secretariat their respective National Renewable Energy Action Plans (NREAPs) within the prescribed time limit as requested by Directive 2009/28/EC, i.e. by 30 June 2013.

Procedure

The decision will be taken at the Ministerial Council on 16 October 2015 in Tirana. Before the Ministerial Council will take its decision, the Energy Community Presidency and Vice-Presidency shall ask an Advisory Committee for its opinion on the Reasoned Request. The Ministerial Council is not bound by the opinion of the Advisory Committee.

On 22 May 2015 the Energy Community Secretariat asked the Advisory Committee to give an Opinion on the Reasoned Requests submitted by the Secretariat on the Cases ECS-03/14, 04/14 and 05/14 against Albania, Bosnia and Herzegovina and FYR of Macedonia.

In its three Opinions, the Advisory Committee shares the opinion of the Reasoned Requests that Albania, Bosnia and Herzegovina and FYR of Macedonia have failed to fulfill their obligation under Article 20 of the Treaty read in conjuction Article 4(1) and Article 4(2) of Directive 2009/28/EC.

With its Decisions 2015/03/MC-EnC, the Ministerial Council confirmed the failure by Albania to adopt and submit their National Renewable Energy Action Plans.

Bosnia and Herzegovina, together with Albania and FYR of Macedonia, are to take all appropriate measures to rectify the breach and ensure compliance with Energy Community law immediately. It shall adopt a National Renewable Energy Action Plan and notify it to the Secretariat without delay.

Procedure

If the breaches have not been rectified, the Secretariat is invited to initiate a procedure under Article 92 of the Treaty.

Following Albania’s and former Yugoslav Republic of Macedonia’s adoption of their National Renewable Energy Action Plan (NREAP) earlier this year, Bosnia and Herzegovina’s submission of its NREAP to the Secretariat today formally rectifies the breaches identified in cases ECS-3/14, ECS-4/14, ECS-5/14.